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Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....arter just after sunset, he was followed by the appellant without his knowledge. When he entered his room and turned on the light, he found the appellant standing in front of him with a dagger in his hand. The appellant demanded Taka 10,000 from the informant, who fought with the appellant in order ......ppellant out of the quarter. 3. Subsequently, the informant found the dagger under the window and reported the matter to the Thana Duty Officer at 7.30 PM on the very same day and he also handed over the dagger to the police at the same time. 4. On 4th of January, 2003 at about 9-00 AM, the ......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
...., 1799 of 2011 and 1800 of 2011 got their appointments. Accordingly they had joined to their respective posts. There was no illegality or irregularity in the process of such selection. On the other hand, it is the case of the respondents as well as the petitioner of Writ Petition No.6791 of 2010 a......practice, there acquired no vested right in the office on the basis of such appointments. Such order of appointments can be cancelled……………………………(24) Cases Referred to- Government of Bangladesh Vs. Md. Selim Reza, 23 BLD (AD) 193; Secretary, State of Karnataka Vs. Umade......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ..Category: Employment/Service Law | Date: | Hits: 148
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
.... property is illegal, void and not binding upon the petitioners. 3. The plaintiff's case in short, is that, the suit property originally belonged to Nalini Kanta, Ashutosh, Nokuleshwar, Narayan Chandra, Barada Kanta, Tara Prosanna, Jotindra Chandra, Jayanto Kumar and Gobinda Charan and they set......is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ..Category: Property Law | Date: | Hits: 96
....e the respondent No.5 failed to comply those terms and condition the said 'No-objection' was later cancelled. In the meantime the possession of the entire concern Taj Jute Backing Co. Ltd. has been handed over to the Respondent No.3 Uttara Bank though the Court, pursuant to the provision of Artha ......ct and/or to pass such other or further order or orders as to this Court may seem fit and proper.
2. Taj Jute, Backing Company was a nationalized enterprise controlled under the Ministry of Jute, Government of Bangladesh which was later partially privatized by selling 58.52% shares, held by the G......r of the shares namely S. Headayetullah and others who constituted the new Board Directors of the said company headed by S. Hedayetullah, as Managing Director. But the venture was loosing and the new management expressed their desire to sell their share to prospective preachers. The writ petitioner ..
Category: Administrative Law | Date: | Hits: 299
....upplementary affidavit dated 12.11.2009 be kept with the record.
2. The Rule was issued at the instance of the defendant Sree Sree Moha Parbhu and Sree Sree Gopal Jew Deities represented Sri Anil Chandra Nath Secretary, Executive Committee, calling upon the plaintiff opposite party to show cause ......ff is the only heir by inheritance of the said Ramani Mohan Das Baishnab and has been enjoying the said properties permanently and the plaintiff is entitled to the compensation money assessed by the government in respect of the 3rd schedule land described in the plaint and for permanent injunction.
......t of Falgoon 1351 B.S. he made another deed of gift of some more properties and in the deed mentioned the time of successions of Shebait ship of deities and also mentioned some other terms for proper management. He never revoked or cancelled those deeds either expressly or by implication. During the..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....ned countries embassies and purchasing air ticket, the Petitioner on 24.7.2009 went to the Zia International Airport at Kurmitola, Dhaka to board a Saudi Arabia Airlines Flight to Jeddah but after he handed his Bangladeshi passport and travel documents to the Immigration Officer at the Airport the R......d in Article 36 of the Bangladesh Constitution, 1972 to leave the country and go abroad and to re-enter the country again is not unfettered. It is subject to any restriction imposed by law. Thus the Government or any authority pursuant to any provision of law may restrict a person from leaving or re......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..Category: Constitutional Law | Date: | Hits: 147
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
..............(11) Case Referred to- Jamshed Khodaram Irani Vs. Burjorji Dhunjibhat, 40 ILR (PC) 289; Jamshed Khodaram Irani Vs. Burjorji Dhunjibhat, 20 CWN 744; Mahadeo Prosad Agarwala Vs. Narain Chandra Chakrabarti, 30 CLJ 224; Koylash Chandra Doss and others Vs. Tariney Charan Singhee and anoth......or sale of the suit property and obtained a sale deed from Samir Kumar Chowdhury. 3. Syeda Sirajunnessa Khatun (the defendant) instituted Title Suit No. 157 of 1977 for declaration of title and recovery of possession of the suit property against the plaintiff which on transfer was renumbered as T...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....quisition), 3 BLC 330; Mizanur Rahman (Md.) Vs. Deputy Commissioner, Mymensingh, 7 BLC (AD) 17; Sankar Gopal Chatterjee Vs. Additional Commissioner, Dhaka Division, 41 DLR 326; Bangladesh Vs. Subash Chandra Das, 46 DLR (AD) 63. Lawyers Involved: Khondker Mahbubuddin Ahmed with Prabir Halder, A......(2009) 119. ......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
.... with his two sons, namely, Mehdi Ali Khan Panni and Sayeed Ali Khan Panni, and his two grandsons, namely Bayezid Khan Panni and Daud Khan Panni by executing a Jote-Pattannama in the year 1353 BS and handed over possession to them. The lessees having taken pattan of the land as above had been enjoyi......Mutawalli…………….(20) Muslim Personal Law Mutawalli is subject to restriction to make a permanent disposal of the wakf property Muslim law literature is not free from the controversy as to what is and what not a valid waqf is. But there is hardly, if ever, any controversy abo......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..Category: Trust/Waqf Law | Date: | Hits: 114
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....arned Advocate in support of his submission relied on some of the decisions of India and Bangladesh jurisdiction. 6. Mr. Md. Iqbal Hossain, learned Advocate, for the opposite party, on the other hand, submits that, he has no objection if the cases be tried by a different Court but he prays for ......trict Judge taken special interest in the matter of disposal of the suits as such the petitioner feel inconvenience and rather apprehension that he will not get fair justice before the Court presided over by the learned Judge, Mr. Abdur Rashid Mia. Learned Advocate in support of his submission rel......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....not been retired from the issuing Bank, the plaintiff is neither entitled to obtain the delivery or discharge of the cargo nor is entitled to institute the instant Admiralty suit. 13. On the other hand, in his turn, the learned Senior Advocate Mr. Moinul Hosein, appearing on behalf of the plainti......the ground that the plaintiff imported 28,500 MT of Bulgarian wheat from the defendant No.5 Messrs Sovarex SA for onwards supply to the Director General, Ministry of Food & Disaster Management Government of People's Republic of Bangladesh, under a contract No.DGOF/DOP/EP/Wheat-35 (Quotation)/2......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....ity………………………………(20) Cases Referred to- Sankar Gopal Chatterjee Vs. Additional Commissioner, Dhaka Division, 41 DLR 326; Abdul Kader Vs. Masaddar Ali, 3 BLC (AD) 211; Jaichand VWO AIR 1967 SC 483; Abdur Rauf Vs. Abdul Hakim, 17 DLR (SC) 515; Khandoker Moshtaque Ahmed Vs.......ahi Officer (TNO), gave their proposal to acquire the land in question to protect the Upazila Parishad Bhaban and administrative sanction was also given for the said purpose by the Ministry of Local Government Rural Development and Co-operatives but the notice under section 3 of the Acquisition and ......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....s also Reported in: 64 DLR (HCD) (2012) 458. ......, alleging, inter alia, that the accused named Zahangir Alam, ex-Chairman of the said Paurashava by misusing his power refrained from depositing Tk. 5,38,549 that is 5% of total lease money to the Government exchequer on account of land revenue collected from Dhap Sultangonj hat for the years 1413......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......eld: "lease in the present case is hit by sub-section (2) of section 75A, which says that if any land is given in sub-lease in contravention of the provision, the land shall be forfeited to the Government under sub-section (2) of section 75A which come in to force on 22-9-1956 by Act IV of 1956......tial for making improvement and the proposal for the improvement of the schedule property as per scheme plan and estimate to be submitted by Mutawalli, is required to be implemented soon for better management of the property and enhancement of income of the Wakf Estate. 5. The trial Court after..Category: Administrative Law | Date: | Hits: 175
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
.... such erroneous view, cancelled their returns by merging them with the income of the assessed. Secondly, none of the provisions of sub-section (4), section 43 of the Ordinance applies in the cases at hand since the section prescribes the method of computation of total income of an assessed only. It ......oner of Taxes to deduct the municipal tax from the estimated income. The Appellate Tribunal upheld the assessment under section 84/93/43(4) of the Ordinance. It was also held that the Ordinance shall override the Mitakshara Hindu law for the purpose of assessment. 18. In the aforesaid circumstanc......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: | Hits: 138
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....rimary teacher in a government school and joined in the service before her marriage. He did not give any gift to the plaintiff No.1 during the subsistence of marriage. Plaintiff No.1 was compelled to hand over her salary to the brother of the plaintiff No.1 who was living jointly with the defendant ....../5 months and he did not take care of her during those periods. As the plaintiff No.1 refused to pay the dowry the defendant No.1 tortured her physically and mentally. She was a primary teacher in a government school and joined in the service before her marriage. He did not give any gift to the plai......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ..Category: Family Law | Date: | Hits: 114
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....he Rule is made absolute. Cases Referred to- Haji Md. Mohsin Vs. the State, (1988) 40 DLR 431; Thiru Vs. Thanigachalam Vs. State of Tamil Nadu, 1976 AIR (SC) 2300; Daityari Tripatti Vs. Subodh Chandra Chaudhury, [1942] 2 Cal 507; R S Nayak Vs. A R Antulay, (1984) 2 SCC 183 - AIR 1984 SC 684; R......tary affidavit dated 04.02.08, it is stated that the Assistant Commissioner of Customs, Customs House (import), Chittagong vide letter dated 29.11.07 confirmed that all payments were received by the Government relating to import of the said vehicle and nothing was due from the petitioner against the...... the Constituency-94, (Narail-2) for the years 2001-2006. He was a Vice-Chairman of Khelafat Majlish, Founder Chairman of Al-Markazul Islami and also Founder of 14-15 Education Institutions under the management of Al-Markazul Islami. 3. By the Notification being SRO No.266 dated 22.08.05 issued u..Category: Fiscal/Taxation Law | Date: | Hits: 246
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....nd others. 2. The case of the plaintiff is as follows: The plaintiff had imported a consignment of machinery, accessories and spares from CMI Trading (UK) which consisted of reconditioned secondhand tractors, vans chassis with cabins, reefer vans and trailers, semi trailers, a portable compres......ceived in completely unserviceable and non-operational condition rendering them useless and beyond economic repair. The plaintiff had to employ mechanics for making them tow worthy and to hire prime movers and special drivers to tow the units all the way from Mongla to Dhaka via Khulna/Aricha at a c......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..Category: Limitation Law | Date: | Hits: 174
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....ion case in a summery manner by the impugned order dated 1-10-2006 and, as such, the same should be declared to have been passed without lawful authority and is of no legal effect. 5. On the other hand, Mr. Akram H Chowdhury, the learned Advocate appearing for the added respondent No. 3, Banglade......ision, it manifests that if a suit is a mortgage suit and brought for foreclosure, in that case, the decree pronounced by the Adalat shall be a preliminary decree and the decrees of the Adalat for recovery of loans in other cases are to be treated final decrees. Therefore, we find no merit in the su......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
.... This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......stion. When a civil case is pending before any Court, writ petition involving the same property is not maintainable……………………………(13) Case Referred to- Faridsons Ltd. Vs. Government of Pakistan, 13 DLR (SC) 233; Nawabkhan Abbaskhan Vs. State of Gujrat, AIR 1974 (SC) 1471;......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..Category: Property Law | Date: | Hits: 107
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